HomeMy WebLinkAboutContract 52789 CITY SECRETARY
CONTRACT NO.
2019
CITY OF FORT WORTH, TEXAS
AGREEMENT FOR ARCHITECTURAL SERVICES
DIAMOND HILL COMMUNITY CENTER - NEW FACILITY
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the
"CITY"), and Good Fulton & Farrell, Inc., dba GFF, Inc., authorized to do business in
Texas, an independent contractor ("Architect"), for a PROJECT generally described a; the
new Diamond Hill Community Center- New Facility.
The Agreement documents shall include the following:
1 . This Standard Agreement for Professional Services;
2. Attachment "A"- Scope of Services;
3. Attachment "B"- Verification of Signature Authority Form.
Attachments "A" and "B", which are attached hereto and incorporated herein, are made a
part of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Attachments "A" or "B" and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Service
(1) Architect hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These services
shall be performed in connection with the new Diamond Hill Community Center-
New Facility. Nothing in Attachment "A" or any other Attachments to this
Agreement shall be construed to change or modify any of the terms and conditions
set forth in this Agreement.
(2) "Work", as used herein and further in relation to the Architect's Services, including
any documents issued or executed by Architect in the course of providing services
under this Agreement, shall mean the construction and services required by any
contract documents, within the scope of services set forth in this Agreement.
(3) If at any time in the course of the design, the City expands the scope of services,or
the Architect believes the City has requested services that are beyond the scope of
this Agreement,the Architect shall submit a proposal for additional fees and a written
agreement shall be reached on said proposal prior to the Architect proceeding with
the work considered to be beyond the scope of this Agreement. The Architect shall
not perform any additional services without a written agreement with the City. Any
services provided prior to reaching an agreement on addition l-fe-es -
compensable. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Diamond Hill Community Center—New Facility
(4) Additional services, if any, will be requested in writing by the City. City shall not
pay for any work performed by Architect or its sub-consultants, subcontractors
and/or suppliers that has not been ordered in writing. It is specifically agreed that
Architect shall not be compensated for any alleged additional work resulting from
oral orders of any person.
(5) The Architect shall advise the City as to the necessity of the City's providing or
obtaining additional services and data from others required in connection with the
Project at the City's cost and expense (which services and data the Architect is not
to provide hereunder but on which the Architect may rely in performing services
hereunder), and act as the City's representative in connection with any such services
of others.
(6) The Construction Budget, including demolition of the existing community center,
and special FFE associated with the boxing gym, shall be $8,000,000.00.
Article II
Compensation
(1) The Architect shall be compensated (Fee and Reimbursable Expenses) in
accordance with the Fee Schedule shown in section (3) of this article, and as
described in Attachment "A". However the total fee paid by the City shall not
exceed a total of $75,135.00 including $1,500.00 of reimbursable expenses
unless the City and the Architect mutually agree upon a fee amount for additional
services and amend this Agreement accordingly.
(2) Acceptance by Architect of said payment shall operate as and shall release the
City from all fee claims or liabilities under this Agreement for payment for the
services rendered and billed for which such payment is made, it being understood
that pending claims for additional compensation properly made by the Architect
pursuant to Article I shall not be encompassed by such release.
(3) The Architect shall be paid the following percentages of the total fee at the following
stages of the Project:
a. Completion of Programming and Schematic Design and Opinion of
Probable Construction Cost 20%
b. Completion of Design Development and Opinion of Probable
Construction Cost 40%
c. Completion of Construction Documents and Opinion of
Probable Construction Cost 75%
d. Action by City Council to accept bids 80%
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e. Final acceptance of the Project bythe City 100%
However the total fee paid by the City shall not exceed a total as defined in Article
II, Compensation.
(4) Reimbursement of allowable expenses shall have prior approval of the City.
Allowable expenses include:
a. Printing Costs
b. Renderings or Models for Public and City meetings
c. Postage and Courier Expenses
d. Travel, Mileage Only
e. Other Costs with Prior Approval of the City.
(5) The Architect shall provide monthly invoices to the City. Payment for services
rendered shall be due within thirty (30) days of the uncontested performance of
the particular services so ordered and receipt by City of Architect's invoice for
payment of same.
(6) Acceptance by Architect of said payment shall operate as and shall release the
City from all fee claims or liabilities under this Agreement for anything related to,
done, or furnished in connection with the services for which payment is made,
including any act or omission of the City in connection with such services.
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 30-
months, beginning upon the date of its execution, or until the completion of the subject
matter contemplated herein, whichever occurs first. In the event construction services
extends beyond the 18 months, an equitable adjustment to the Architectural Services
Contract Sum will be made by Amendment.
Article IV
Independent Contractor
Architect shall operate hereunder as an independent contractor, and not as an officer, agent,
servant, or employee of the City. Architect shall have exclusive control of and the exclusive
right to control the details of its work to be performed hereunder and all persons performing
same, and shall be responsible for the acts and omissions of its officers, agents, employees,
contractors and subcontractors. The doctrine of respondent superior shall not apply as
between City and Architect, its officers, agents, employees, consultant and sub-consultants,
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and nothing herein shall be construed as creating a partnership or joint venture between
City and Architect.
Article V
Professional Competence and Indemnification
(1) Work performed by Architect shall comply with applicable local, state and federal
laws and with applicable rules and regulations promulgated by the local, state and
national boards, bureaus and agencies. Approval by the City shall not constitute
or be deemed to be a release of the responsibility and liability of Architect or its
officers, agents, employees, consultants and sub- consultants for the reasonable
accuracy and sufficiency of its services performed hereunder.
(2) In accordance with Texas Local Government Code Section 271 .904, the Architect
shall indemnify, and hold harmless the City against liability for any legally
recoverable damage caused by or resulting from an act of negligence, intentional
tort, intellectual property infringement, or failure to pay a consultant or sub-
consultant committed by the Architect or Architect's agent, Architect under
contract, or another entity over which the Architect's exercises control.
Article VI
Procedures for Providing Architectural Services
(1) The Architect agrees to commit the personnel to each assignment of the Project
as appropriate in order to complete the Project with in an expeditious manner. The
Architect shall meet with the City's staff as required during the duration of the
project. The Architect will assign the following key personnel to this Project:
Principal in Charge: Evan Beattie, AIA, LEED AP — President
Project Manager: Kent Pontious, AIA, LEED AP — Associate Principal
Project Architect: Kippen Schecht, AIA, LEED AP — Project Leader
The Architect may not change key personnel without the City's approval.
(2) Programming and Schematic Design Phase:
a. The Architect shall become familiar with the site and scope of the Project.
b. The Architect shall consult with the City to clarify and define the City's
requirements relative to the Project and review available data.
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c. The Architect shall become familiar with the City's document "Facilities Division
DESIGN GUIDELINES for New and Existing Facilities"and incorporate into all
phases of the work.
d. The Architect shall prepare a written Program Design Manual defining project
goals, program, architectural concepts, site and floor plans, principal
equipment, finishes and area-based cost estimates.
e. The Architect shall pay for the printing of contract documents required for design
submittals and presentations as a part of the reimbursable allowance.
f. Architect shall not proceed to the Design Phase until the City has provided
written approved of the Program Design Manual.
(3) Design Phase:
a. The Architect shall perform all services noted herein and as described in
Attachment "A", to complete the design and secure a construction permit,
including services necessary to survey, plat, prepare and vacate easements and
address any other propertyissues.
b. The design shall include site work, design and coordination of utilities,
landscaping and facility design required for the project.
c. The Architect shall prepare presentation graphics (plans, elevations, etc.) and
present at two (2) City meetings (if required) during the design of the project.
d. The Architect shall prepare the design in two stages as follows:
i. Design Development Phase: Preparation of architectural, civil, iSWM,
structural, MEP plans, principal elevations, site plans, cartoon set,
selection of principal equipment and finishes, and discipline-based opinion
of probable construction costs. Upon written approval of this phase of the
work, the Architect may proceed to the Construction Document Phase.
ii. Construction Document Phase: Preparation of details, architectural,
structural, mechanical, electrical, and plumbing plans, finishes schedules,
detailed technical specifications, and detailed opinion of probable
construction costs.
e. Drawings at all stages of design will have the following characteristics: scale for
floor plans will be 1/8" or such other scale as may be agreed to in writing for all
disciplines, elevations will be at same scale as floor plans, area plans will have
same scale for all disciplines, site plans for all disciplines will be at same scale.The
Architect shall assist the City with its obligation to obtain necessary building permits.
The City shall pay any fees for such Building Permits. The City or contractor shall apply
forbuilding permits.
f. The Architect, at the Architect's sole cost and expense, shall engage a
Consultant to prepare "Elimination of Architectural Barriers Registration" and
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submit the applications to the Texas Department of Licensing and Regulation
(TDLR). The Architect (if required) will pay all fees required for TDLR reviews
and inspections. Designs shall be in conformance with the Elimination of
Architectural Barriers Act, State of Texas, and the City of Fort Worth Building
Codes, in force at the time documents are prepared, and as reasonably
interpreted.
g. In the event the Project is constructed in accordance with the Architect's designs
and is subsequently determined to be in non-conformance with the above Act,
Codes or Texas Accessibility Standards, the City will bear the construction costs
associated with enhancements. The Architect will reimburse the City for legally
recoverable costs, charges or fees to replace or rework features that were
constructed in accordance with the design but fail to meet applicable
accessibility requirements or building codes in force at the time that the design
was performed.
h. The Architect shall upload the electronic files in PDF format to the City's online
bidding site (Autodesk Buzzsaw).
(4) Bidding Phase:
a. The Architect shall respond to Contractors' inquiries, prepare necessary
addenda, and conduct the Pre-Proposal Conference, and participate in the
General Contractor selection process.
b. Following bidding, the Architect shall review the qualifications of up to five (5)
bidders and advise City of negative information concerning the capability of the
bidder to perform the Contract.
(5) Responsibility for Construction Cost
a. The Construction Budget for the Project shall be defined by the City.
b. The Architect shall provide to the City an opinion of probable construction cost at
the submission of each phase. The City shall either approve the adjustment of
the Construction Budget or direct the Architect to adjust the Project design, at no
additional cost to the City, to stay within the previously approved Construction
Budget.
c. If the Construction Budget is exceeded by the lowest bona fide bid, the City may
(1) award the contract, (2) abandon the project and terminate this agreement, or
(3) cooperate in the reduction of the Project Scope and features as required to
stay within the Construction Budget in order to rebid the Project. If the City
decides to reduce the scope of the project and rebid, the Architect shall, without
additional fee, modify the Drawings and Specifications as necessary to stay
within the Construction Budget. In the event the City abandons the project, the
City may terminate this Agreement in accordance with Article X, Termination of
Contract.
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(6) Construction Phase:
a. The Architect shall assist the City with review and approval of submittals and proposed
change orders concerning the Contractor, and shall review and advise the City with respect
to the resolution of construction issues, including Contractor Request for Information,
Submittals, Change Orders, Contingency Allowance Forms, Field Orders, etc. The
Architect shall visit the site at interval appropriate to the stage of construction to become
generally familiar with the progress and quality of the portion of the Work completed, and to
determine, in general, if the Work observed is being performed in a manner indicating that
the Work, when fully completed, will be in accordance with the Contract Documents.
However, the Architect shall not be required to make exhaustive of continuous on-site
inspection to check the quality or quantity of the Work. On the basis of the site visits, the
Architect will keep the city reasonably informed about the progress and quality of the portion
of the Work Completed and make written report to the City (1) known deficiencies from the
Contract Documents and from the most recent construction schedule submitted by the
Contractor, and (2) defects and deficiencies observed in the Work. Architect shall not be
responsible for Contractor's failure to construct the project in accordance with the Plans and
Specifications, but shall be responsible for its own negligence.
b. The Architect shall attend progress meeting at the job site.
c. At the completion of construction, the Architect shall conduct and document the final
inspection and assist the City on the resolution of construction or design deficiencies.
d. The Architect will review contractor's pay requests.
e. The Architect will conduct final acceptance and end of warranty inspections with
representatives of the City and issue AIA G704 Certificate of Substantial Completion with
City approval.
f. The Architect use field notes, contractor provided "Record Drawings", and other data to
provide "As Built Drawings" in AutoCAD LT 2010 format or other format as determined by
the City.
(7) All designs, drawings, specifications, documents, and other work products of the
Architect, whether in hard copy or in electronic form, are instruments of service for
this Project, whether the Project is completed or not. Reuse, change, or alteration by
the City or by others acting through or on behalf of the City of any such instruments
of service without the written permission of the Architect will be at the City's sole risk.
Upon payment in full for all services provided under this Agreement, the City shall
own the final designs, drawings, specifications and documents. Transfer of
ownership of the contract documents does not constitute sale of the documents.
Notwithstanding anything else contained in this Agreement, Architect retains all right,
title, and interest in and to any copyrights applicable to all work and design elements
in existence prior to the date of this Agreement, including but not limited to standard
specifications, details and similar design elements that are normally reused by
Architect in its business or that were in the public domain prior to incorporation of
such standard items into the instruments of service ("Non-Unique Work"). Owner's
right, title and interest in and to any ownership rights, including copyrights, is subject
to Architect being paid in full per the terms of this Agreement and shall be limited to
any unique work created specifically under this Agreement contained in the
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instruments of service ("Unique Work"). Architect may retain copies of all instruments
of service, including, but not limited to digital information, for its use.
Article VII
City Responsibilities
(1) Alfonso Meza will act as the City's representative with respect to the Project for
the purposes of transmitting instructions, receiving information, interpreting and
defining City's policies and decisions with respect to the Architect's services.
(2) Provide criteria and information as to City's requirements.
(3) Assist the Architect in obtaining existing studies, reports and other available data
and services of others pertinent to the Project and in obtaining additional reports
and data as required.
(4) Upon reasonable notice arrange for access to and make all provisions for the
Architect to enter upon public and private property as may be required for the
Architect to perform services hereunder.
(5) Review all reports, recommendations and other documents and provide written
decisions pertaining thereto within a reasonable time.
(6) Examine all studies, reports, sketches, drawings, specifications, proposals and
other documents presented by Architect, obtain advice of an attorney, insurance
counselor and other architects as it deems appropriate for such examination and
render in writing decisions pertaining thereto within a reasonable time so as not to
delay the services of Architect.
(7) Provide "Instructions to Offerors" and "General Conditions" for use in assembling
the Project construction contract documents.
(8) Prepare easements and right-of-way acquisition conveyance documents, from
descriptions provided by the Architect, contact owners, negotiate for or condemn
all easements and right-of-way, pay all filing and legal fees associated therewith.
(9) Manage the advertisement and bidding of the project, issue addenda, distribute
bid documents, award contract, and execute the contracts.
(10) Administer the construction of the Project.
(11) Provide inspection and management services.
(12) Provide contractors' prepared field drawings to the Architect for review.
(13) Pay all impact and utility fees and other fees not expressly assigned to the
Architect. This includes fees charged by Oncor for new or revised service.
(14) Bear all costs incident to compliance with this Article.
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Article VIII
Insurance
(1) Architect shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance,
nor shall Architect allow any subconsultants to commence work on its subcontract
until all similar insurance of the subconsultants has been so obtained and approval
given by the City; provided, however, Architect may elect to add any subconsultant
as an additional insured under its liability policies.
Commercial General Liability
$1 ,000,000 each occurrence
$2,000,000 general aggregate limit
Automobile Liability
$1 ,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis). Coverage
shall be on any hired or non-owned vehicle used in the
course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability Insurance
$1,000,000 Errors & Omissions
$2,000,000 Annual Aggregate
(2) Additional Insurance Requirements
a. Except for professional liability and employer's liability insurance coverage under
Architect's worker's compensation insurance policy, the City, its officers,
employees and servants shall be endorsed as an additional insured on Architect's
insurance policies.
b. Certificates of insurance shall be delivered to the Property Management
Department, Attention: Brian R. Glass, AIA, Architectural Services Manager,
401 West 13th Street, Fort Worth, Texas 76102, prior to commencement of
work.
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty
days' notice of cancellation or non-renewal. A ten days' notice shall be
acceptable in the event of non-payment of premium.
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e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength
and solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing any
alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on
the Project shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Architect's insurance.
i. Architect's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Architect shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence
which could give rise to a liability claim or lawsuit or which could result in a
property loss.
k. Architect's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Architect shall provide complete copies of all
insurance policies required by these Agreement documents.
Article IX
Transfer or Assignment
City and Architect each bind themselves, and their lawful successors and assigns, to this
Agreement. Architect, its lawful successors and assigns, shall not assign, sublet or
transfer any interest in this Agreement without prior written consent of the City.
Article X
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days written notice. Either the
City or the Architect for cause may terminate this Agreement if either Party fails substantially
to perform through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the correction
thereafter
(2) If City chooses to terminate this Agreement under Article IX, upon receipt of notice of
termination, Architect shall discontinue services rendered up to the date of such termination
and City shall compensate Architect based upon calculations in Article II of this Agreement.
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(3) All reports, whether partial or complete, prepared under this Agreement, including any
original drawings or documents, whether furnished by the City, its officers, agents,
employees, Architects, or contractors, or prepared by Architect, shall be or become the
property of the City, and shall be furnished to the City prior to or at the time such services
are completed, or upon termination or expiration of this Agreement.
Article XI
Right to Audit
(1) Architect agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Architect involving transactions
relating to this Agreement. Architect agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions
of this section. City shall give Architect reasonable advance notice of intended
audits.
(2) Architect further agrees to include in all its subcontracts hereunder, a provision to the effect
that the subcontracting consultant agrees that the City shall, until the expiration of three (3)
years after final payment under the subcontract, have access to and the right to examine
any directly pertinent books, documents, papers and records of such sub-consultant,
involving transactions to the subcontract, and further, that City shall have access during
normal working hours to all sub-consultant facilities, and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this
article. City shall give Architect and any sub-consultant reasonable advance notice of
intended audit.
(3) Architect and sub-consultants agree to photocopy such documents as may be requested by
the City. The City agrees to reimburse Architect for the cost of copies at the rate published
in the Texas Administrative Code in effect as of the time copying is performed.
Article XII
Minority Business and Small Business Enterprise(MBE) (SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011 ,
as amended, the City has goals for the participation of minority business enterprises and/or
small business enterprises in City contracts. Architect acknowledges the MBE and SBE
goals established for this Agreement and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by the Architect may result in the termination of this
Agreement and debarment from participating in City contracts for a period of time of not
less than three (3) years.
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Article XIII
Observe and Comply
Architect shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Architect agrees to indemnify and hold harmless City
and all of its officers, agents and employees from and against all legally recoverable claims
or liability arising out of the violation of any such order, law, ordinance, or regulation,
whether it be by itself or its employees, on a comparative basis.
Article XIV
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas
— Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
Article XV
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
Article XVI
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to
be invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
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Article XVII
Immigration Nationality Act
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor
shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9),
maintain photocopies of all supporting employment eligibility and identity documentation for
all employees, and upon request, provide City with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement.
Vendor shall establish appropriate procedures and controls so that no services will be
performed by any employee who is not legally eligible to perform such services. Vendor shall
provide City with a certification letter that it has complied with the verification requirements
required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due
to violations of this provision. City shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
Article XVIII
No Boycott of Israel
If Architect has fewer than 10 employees or the Agreement is for less than $100,000, this
section does not apply. Architect acknowledges that in accordance with Chapter 2270 of
the Texas Government Code, City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this Agreement,
Architect certifies that Architect's signature provides written verification to City that Architect:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
Article XIX
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth:
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Property Management Department
Attn: Brian R. Glass, AIA
Architectural Services
Manager 401 West 131h Street
Fort Worth, Texas 76103
Architect:
Good Fulton & Farrell, Inc., dba GFF, Inc.
Attn: Kent Pontious, AIA, LEED AP
2808 Fairmount, Suite 30
Dallas, Texas 75201
Article XX
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
Article XXI
Miscellaneous Provisions
(1) The Owner has or will retain, via separate contract, qualified professionals to
assess the property for hazardous materials (including providing an asbestos
survey stipulated in the Texas Asbestos Health Protection Act) and removing any
such substances. As such, the Architect shall consider the building and site free
of hazardous substances for the purpose of performing its work.
(2) The Architect shall have the right to rely on the accuracy, thoroughness, and
completeness of all information provided by the Owner or Owner's
representative(s), including pricing, schedule, or other information provided by the
Owner's Construction Manager, Contractor, or similar advisor during all phases of
the project, including pre-construction.
(3) In the event the Owner elects to divide the project into multiple packages to
accelerate the construction process, the Owner acknowledges this entails certain
inherent risks. These include, but are not limited to, the inability to coordinate early
release work with that of later packages, an increased incidence of change orders
and field coordination changes, incomplete code interpretations, and work-in-
progress modifications. By utilizing multiple packages, the Owner agrees to accept
these risks, and the costs and consequences associated with them, in order to
achieve the perceived benefits of reduced construction time.
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(4) In the event Architect is asked to participate in any "value engineering" process,
including but not limited to utilizing substitution requests made by the Owner,
Contractor, Owner's consultants, subcontractors or others, the Owner
acknowledges this entails certain inherent risks. These include, but are not limited
to reduced performance, increased life-cycle costs, coordination impacts
pertaining to other elements of the project, unforeseen code implications,
unanticipated schedule implications, and diminished overall value as a result of the
proposing parties having a vested interest in such recommendations. If the Owner
chooses to accept and/or directs the Architect to make revisions to the construction
documents to include any value engineering recommendations and/or material
substitution proposals made by others; either without Architect's written approval
or over the reasonable written objection of the Architect, then the Owner agrees to
accept these risks, and the costs and consequences associated with them, in order
to achieve the perceived benefits of reduced construction cost, and hereby
releases Architect from any and all liability arising from same.
(5) Services regarding trenching operations are not included as part of this agreement.
This includes, but is not limited to, trench design, trench shoring design,
consultation regarding trenching, and observation of trenching operations. The
Owner agrees to require the Contractor to make all provisions for trenching
operations.
(6) Any language, term or condition of this Agreement to the contrary notwithstanding,
the Architect makes no express or implied warranties.
(7) NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE
CONTRARY, THE OWNER AGREES TO LIMIT ARCHITECT'S LIABILITY DUE TO
ACTS, ERRORS OR OMISSIONS ALLEGED IN THE PERFORMANCE OF
PROFESSIONAL SERVICES IN TORT OR CONTRACT, SUCH THAT THE TOTAL
AGGREGATE LIABILITY OF THE ARCHITECT SHALL NOT EXCEED THE
ARCHITECT'S AVAILABLE INSURANCE PROCEEDS.
(8) The Owner agrees that the sole liability for any and all claims resides with GFF, Inc.
("Architect") and the individually licensed architect of record, and not the individual
owners, shareholders or employees of GFF, Inc.
(9) The following are not included as a Basic Service: geotechnical investigation, the
design of tower crane foundation(s), services relating to exterior signage or graphics
(other than that specifically required by code), services relating to special
inspections which may be required by any codes or Owner including, but not limited
to, special inspections described in Chapter 17 of the International Building Code,
specialty permitting (and permitting fees), any specialty consultants other than
those specifically listed herein, low voltage (voice and data) and security.
(10) Invoices shall be due within 30 days from the date of the invoice.
Diamond Hill Community Center— New Facility Page 15 of 17
(11) Services related to the consideration and incorporation of environmentally
responsible design are included as a Basic Service. Services related to the
submission, and certification (including commissioning) of environmentally
responsible design to a credentialing agency including, but not limited to, the U.S.
Green Building Council (USGBC) Leadership in Energy and Environmental Design
(LEED) program are not included as a Basic Service. In the event such submission
and certification (including commissioning) services are provided, as an Additional
Service, Owner understands and acknowledges that; 1) credentialing programs
(such as LEED) are exclusive programs of their respective credentialing agencies
(such as USGBC) 2) independent credentialing agencies have sole authority with
respect to interpreting and determining compliance with their standards and
exercise broad discretionary power in doing so and 3) the Architect neither controls
nor warrants the final outcome with respect to LEED or other such certifications.
(12) Upon completion, the Architect may, at its option, utilize the Project to qualify for
the Energy Efficient Commercial Building Federal Tax Deduction (179D) as
permitted under IRS guidelines. If requested, the Owner shall acknowledge the
Architect as the "Designer" of the Project by completing an allocation form (that
Architect will provide) and shall allow the Architect's independent third-party
evaluation firm (and its licensed inspector) reasonable access to perform a one-
time, on-site inspection and certification of the Project's HVAC, interior lighting
and/or building envelope systems.
(13) If, at the City's request, the Architect's Work is delayed by more than 90
cumulative days, the Architect's compensation may be adjusted accordingly.
Diamond Hill Community Center— New Facility Page 16 of 17
Article XXII
Counterparts: This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts
shall together constitute but one and the same instrument.
Executed and effective this the b� day of SfDteffi bed , 2019.
BY: BY:
CITY OF FORT WORTH ARCHITECT
Good Fulton & Farrell, Inc., dba GFF, Inc.
�I
Kevin dunn Evan L. Beattie, AIA, LEED AP
Interim Assistant City Manager President
Date: C ,% j 7t J
Date: ��zd �f'
APPROV MMENDED:
By:
g r V Aftl 's`, Interim Director
Prope ty Mangent Department
APPROVED AS TO FORM AND M&C No.: NA
LEGALITY
By: _. M_ &C Date: Np'
J hn . S- trord
istant City Attorney 0� Fo�
T �
T T: U ;�
a y J. Kayser '
City Secretary
�XAS
CONTRACT COMPLIANCE MANAGER:By signing I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
By: &-.,— 0-
Brian R.Glass,AIA
Architectural Services Manager
The Texas Board of Architectural Examiners,8213 Shoal Creek Boulevard,Suite 107,Austin,Texas, 78758,telephone(512)305-9000,
has jurisdiction over individuals licensed under the Architects'Registration Law,Texas Civil Statutes,Article 249a.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Diamond Hill Community Center— New Facility
Attachment "A"
ARCHITECTS Dallas Fort Worth Austin
INTERIORS 2808 Fairmount Street,Suite 300 3300 West 7th Street,Suite 110 800 Brazos Street,Suite 670
9ff LANDSCAPE Dallas,Texas i 75201 Fort Worth,Texas i 76107 Austin,Texas i 78701
PLANNING 214.303.1500 817 303.1500 512.807.0433
August 21, 2019
Alfonso Meza
Registered Architect
Property Management Department
City of Fort Worth
401 W. 13th Street
Fort Worth, TX 76102
RE: Diamond Hill Community Center Replacement, Fort Worth Texas
Dear Alfonso:
Thank you for the opportunity to submit a proposal on the above referenced project. We understand the City of
Fort Worth ("Owner")would like GFF Architects ("GFF"or"Architect")to provide Professional Services for the
replacement of Diamond Hill Community Center. This letter outlines our basic project understanding, the scope
of services we propose and the related fees.
PROJECT UNDERSTANDING:
• Programming, design and construction administration services of a new community center and associated
site improvements including but not limited to: boxing gym, gymnasium, fitness area, teaching kitchen and
meeting rooms.
• The project is located at 1701 NE 361h Street in Fort Worth (76106)
• Services include but not limited to: programming, architectural and engineering design, cost estimating,
assisting the COFW/PARD with furniture selection, and construction administration.
• Attending 2 community meetings, 2 furniture assist meetings, and 2 artist selection meetings.
• The project size is 25,000 sf with a budget of$8.0 million.
• Construction duration is assumed at 12 months+2 months for demolition.
SCOPE OF SERVICES:
Basic Services
• Provide Architectural, Structural and MEP services from Schematic Design through the conclusion of
Construction Documents, for the project described above, per the terms of the AIA B101, Standard Form of
Agreement Between Owner and Architect, 2017 edition.
• Provide assistance during Bidding and Negotiation with evaluating the project costs, per the terms of the AIA
B101, 2017 edition.
• Provide standard Contract Administration services for reviewing shop drawings, attending jobsite meetings,
clarifying the intent of the construction documents, etc., per the terms of the AIA B 101, 2017 edition for up to
14 months. Basic Services shall include up to 28 site visits consisting of 2 site visits per month (bi-weekly
OAC meetings) and 2 punch list visits. Services beyond these amounts shall be Additional Services.
Supplemental Services
• Provide Programming, Civil Engineering, Platting, Surveying/Topo, Road Abandonment, Landscape/Irrigation
design, Interior Design, Renderings (2 ea. Ind.), Food Service, Cost Estimating (4 ea.), Specifications,
Accessibility(TAS) registration and review, and Boxing consultant(allowance) services, for the project
described above, per the terms of the AIA B101, 2017 Ed.
Proposal—Diamond Hill Community Center Replacement
August 21, 2019
Page 2 of 3
FEES:
We propose to perform this work for a fixed sum as follows:
Programming thru 50% SD thru Total Project
Service SBE Consultant 50% SD Fee CA Fee Fee
'Basic Services
Architectural GFF Architects $45,162.50 $406,462.50 $451,625.00
Structuial Eng. ✓ RL Woods $5,760.00 $71,040.00 $76,860.00
MEP Eng. ✓ BHB MEP $1,500.00 $65,500.00 $67,000.00
Sub-Total $52,422.50 $543,002.50 $595,425.00
Supplemental i
Services
Civil Eng. ✓ 'BHB Civil $3,200.00 $71,300.00 $74,500.00i
Survey ✓ BHB Civil $8,500.00 $0.00 $8,500.00
interiors .GFF Interiors $4,500.00 $40,500.00 $45,000.00
Landscape GFF Landscape $2,287.50 $29,227.50 $31,515.00
Food Service Bosma Desgin $1,425.00 $8,075.00 $9,500.00
Cost Estimating Riddle & Goodnight $1,300.00 $13,260.00 $14,560.00
Sub-Total $21,212.50 $162,362.50 $183,575.00
Total _ $73,635.00� $705,365.00 $779,000.00
Reimbursable Expenses $1,500.00 $13,500.60, $15,000.00
TOTALS' $75,135.00 $718,865.00 $794,000.00
• Allowed Reimbursable Expenses(with prior approval of City)
In addition to the basic services fees, printing, deliveries, long-distance communication,travel, plots, taxes on
goods or services, and other reimbursable expenses per AIA B 101, 2017, Ed.,will be invoiced at 1.1 times
invoice amount, or the equivalent for in-house expenses.
2019 Hourly Rates*
Senior Principals: $275
Principals-In-Charge: $250
Principals: $225
Managers/Directors:
Leaders: $121 -$194
Senior Coordinators: $110-$159
Coordinators: $85-$118'
T m Members: $73-$_101;
*subject to annual inflationary increase
Proposal—Diamond Hill Community Center Replacement
August 21, 2019
Page 3 of 3
If this proposal is acceptable, please sign and return one (1) copy to my office, to signify your acceptance, which
shall also serve as our authorization to proceed. As an alternative, in the event services or instruments of service
are provided by Architect and accepted by you, this shall also constitute acceptance of this proposal.
Thank you again for the opportunity to be a part of your team.
Sincerely,
GFF ARCHITECTS
,a, ?vk
Kent Pontious,AIA, LEED AP
Associate Principal I Studio Director
cc: Duncan Fulton, FAIA, LEED AP
Evan Beattie, AIA, LEED AP
Rick Myers, AIA
Allison Hubbard, MBA
GFF Accounting
ACKNOWLEDGED AND APPROVED:
Signature Date
Name/Title
The Texas Board of Architectural Examiners,333 Guadalupe,Suite 2-350,Austin,TX 78701-3942,Phone:512/305-9000,has jurisdiction over individuals licensed under the
Architects Registration Law,Chapter 1051 of the Texas Occupational Code.
Master Version 04.05.19
S:\GFF MASTER DOCS\Legal\Proposal_Fixed Fee_GFF.docx
ATTACHMENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
GFF, Inc.
2808 Fairmount Street, Suite 300
Dallas, Texas 75201
Consultant hereby agrees to provide City with independent audit basic financial statements, but
also the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any
agreement, amendment or change order on behalf of Consultant. Such binding authority has been
granted by proper order, resolution, ordinance or other authorization of Consultant. City is fully
entitled to rely on the acknowledgement set forth in this Form in entering into any agreement or
amendment with Consultant. Consultant will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely on
any current executed Form until it receives a revised Form that has been properly executed by
Consultant.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
ignature of President/CEO
Other Title:
Date: ZZ�
Architectural Agreement, GFF 7/9/2018
Diamond Hills Community Center